Seperation Of Power

Question 1

1.

Answer 1

1. 3 main organs of govt
2. ACC to sop - legislature should only legislate , exec - administer, judiciary - adjudicate
3. 3 important manifestations given by WADE AND PHILIPS - interfere, discharge, same person
4. Indira Gandhi vs raj narain - sop basic structure

Question 2

2.

Answer 2

1. In india not in strict sense. As a system of checks and balances
2. Illustration - president, parliament, judiciary
3. Ram Jawaya Kapoor - SOP not applied in the strictest sense

Question 3

3. Demerits

Answer 3

1. Not possible to compartmentalise. Mutual cooperation
2. Impossible in Indian case - how will parliament hold BOP
3. Montesquieu idea of sop was to uphold liberty and freedom of individuals. Not by mechanical SOP. Rule of law combined with eternal vigilance
4. India complex socio economic scenario, welfare state

Sop important. But only in relative sense and not strict sense